North Carolina § 5A-31 - Contempt by a juvenile.

§ 5A-31. Contempt by a juvenile.

Each of the following, when done by an unemancipated minor who (i) is at least six years of age, (ii) is not yet 18 years of age, and (iii) has not been convicted of any crime in superior court, is contempt by a juvenile: Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings. Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority. Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution. Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified. Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court. Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A of the General Statutes, Granting of Immunity to Witnesses. Willful communication with a juror in an improper attempt to influence the juror's deliberations. Any other act or omission specified in another Chapter of the General Statutes as grounds for criminal contempt. Contempt by a juvenile is direct contempt by a juvenile when each of the following conditions is met: The act is committed within the sight or hearing of a presiding judicial official. The act is committed in, or in the immediate proximity to, the room where proceedings are being held before the court. The act is likely to interrupt or interfere with matters then before the court. Contempt by a juvenile that is not direct contempt by a juvenile is indirect contempt by a juvenile. History (2007-168, s. 1; 2017-57, s. 16D.4(m); 2018-142, s. 23(b).) Editor's Note. - Session Laws 2017-57, s. 16D.4(tt), as amended by Session Laws 2018-142, s. 23(b), provides: "Sections 16D.4(a) through 16D.4(s) of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 16D.4(t) through 16D.4(x) of this act become effective October 1, 2017, and Sections 16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date. Except as otherwise provided in this section, the remainder of this section is effective when it becomes law. Prosecutions or delinquency proceedings initiated for offenses committed before any particular subsection of this section becomes effective are not abated or affected by this act, and the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions." Session Laws 2017-57, s. 16D.4(m), substituted "18 years of age" for "16 years of age" in subsection (a) of G.S. 5A-31. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2017-57, s. 16D.4.(m), substituted "18 years of age" for "16 years of age" in subsection (a). For effective date and applicability, see editor's note.